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2016 Supreme(Mad) 3674

P.N.PRAKASH
Saranya – Appellant
Versus
State by Inspector of Police, All Women Police Station Perambalur and District – Respondent


Advocates Appeared:
For the Petitioner:Mr. B. Kumarasamy, Advocate
For the Respondent: Mr. C. Emalias, Additional Public Prosecutor and Mr. Sharath Chandran, Amicus Curiae

ORDER :

P.N. Prakash, J.

This petition has been filed to set aside the order dated 18.03.2016 made in Crl.M.P.No. 25 of 2016 in Special S.C.No. 17 of 2015 on the file of the District Judge/Mahila Court, Perambalur.

2. The seminal question that falls for determination in this case is "Can a criminal Court direct a prosecution witness and her child to subject themselves to DNA profiling along with the accused?"

3. Before venturing to answer this question, it is essential to narrate the factual matrix of this case.

4. For the sake of convenience, the parties will be referred to by their name.

5. On the complaint lodged by one Prema, the All Women Police Station, Perambalur, registered a case in Cr.No. 7 of 2015 on 12.03.2015 under Sections 417, 376, 294(b) and 506(i) IPC; Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for brevity "the POCSO Act") and Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006 against (1) Manikandan (2) Karuppayee [mother of Manikandan], (3) Anjalai

[sister of Manikandan] and (4) Arumugam [relative of Manikandan].

6. Prema, a 21 year old village belle and Manikandan, aged about 27 years, were neck deep in love some time around 201










































































































































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